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UNCLAS SECTION 01 OF 06 BAKU 000254
SIPDIS
SENSITIVE
SIPDIS
DEPARTMENT FOR G/TIP; G; INL; DRL; PRM; AND EUR/CARC
DEPARTMENT PLEASE PASS USAID
E.O. 12958: N/A
TAGS: KCRMPHUMKWMNSMIGKFRDASECPREFELABAJ
SUBJECT: PART II OF II: AZERBAIJAN 2007 TIP REPORT SUBMISSION
REF: 06 STATE 202745
SENSITIVE BUT UNCLASSIFIED - NOT FOR INTERNET DISTRIBUTION.
INVESTIGATION AND PROSECUTION OF TRAFFICKERS
--------------------------------------------
¶A. In June 2005 the GOAJ adopted the Law on the Fight Against
Trafficking in Persons (amended in January 2006), and in October
2005 adopted relevant criminal code amendments to establish
penalties for the crimes outlined in the law. The law was written
in close consultation with the international community and as such,
meets international standards and covers a plethora of TIP
circumstances. The law itself bans trafficking for the purposes of
human exploitation, which includes a broad range of activities
including sexual exploitation, forced labor, slavery, recruitment
for unlawful activity, etc. The law makes no distinction that the
activity must involve crossing international borders. The law also
sets out an ambitious program that relevant authorities within the
GOAJ must undertake in order to investigate, prosecute, and prevent
trafficking, as well as provisions for victim protection and
rehabilitation.
Prior to the law's passage and adoption of criminal code amendments,
traffickers were convicted under the country's laws that covered
trafficking-related crimes. Outside of the law specifically
criminalizing TIP, traffickers may be prosecuted under articles
prohibiting slavery, rape, forced prostitution, sexual coercion,
operation of brothels, the trade and transit of minors, and
involvement of minors under the age of 16 in sexual coercion,
prostitution or other obscene acts, and travel document forgery.
Taken together, these laws encompass the full scope of possible
trafficking activities.
The above represents a full inventory of trafficking laws in
Azerbaijan, with the relevant penalties described below. The 2005
TIP legislation included, for the first time, the possibility of
confiscation of property. While roughly equivalent to a civil
forfeiture law, this provision is included in the criminal code.
¶B. The criminal code amendments passed by Parliament in October 2005
establish the following penalties for "human trafficking" without
distinction as to the type of human trafficking:
-- Trafficking of one human being is punishable by five to ten
years' imprisonment and confiscation of property.
-- Trafficking of more than one person, committed repeatedly, or
with various special circumstances is punishable by eight to 12
years' imprisonment with confiscation of property.
-- Trafficking that results in the death of a victim or other grave
results due to negligence is punishable by ten to 15 years'
imprisonment with confiscation of property.
The criminal code also outlines penalties for dissemination of
confidential information about a TIP victim, which is a fine of 100
SIPDIS
to 500 times the "nominal fiscal unit," equal to 5,500 old manats or
approximately USD 1.26, (the average monthly salary is currently
approximately USD 140); up to 240 hours of community service; or up
to one year of correctional labor. Should the same act be committed
by a person using his or her official status, the fine is increased
BAKU 00000254 002.2 OF 006
to 500 to 1,000 times the average monthly salary; one year of
correctional labor; or up to six months' imprisonment. If the same
actions include grave results, the punishment is one to five years'
imprisonment.
¶C. Trafficking for labor exploitation, like other forms of
trafficking, is punishable as "human trafficking" under the criminal
code, with penalties as described above. While labor recruiters in
labor source countries are convicted under the article on "human
trafficking," employers and labor agents who confiscate workers'
passports and keep workers in a state of service are convicted under
a separate article on forced labor. This is punishable by up to two
years of correctional work or imprisonment, unless it is organized
and carried out by a group, in which case the law would consider it
an aggravating circumstance and increase the punishment to three to
five years of imprisonment.
¶D. Under the criminal code provisions, traffickers prosecuted for
sexual violence (which can include rape, compulsion to prostitution,
compulsory sterilization or commitment against persons of other
actions connected to sexual violence) may receive a jail sentence of
ten to 15 years or life imprisonment. Rape itself is punishable by
four to 15 years. Violent actions of a sexual nature carry a
sentence of three to eight years, or up to 15 if the victim is a
minor, dies, or contracts HIV. Coercion into sexual actions is
punishable by a fine, corrective works, or imprisonment up to three
years. The more punitive charges are in line with the penalties for
sex trafficking.
¶E. Prostitution is illegal in Azerbaijan. The activities of a
prostitute, brothel owner/operator, pimp, and enforcer are all
criminalized and the laws are enforced. The actions of a client are
not criminalized.
¶F. The National TIP coordinator and the Head of MIA's Unit to
Combat Trafficking in Persons brief USG personnel on the latest
trafficking prosecution statistics at virtually every meeting. The
GOAJ was prompt and forthcoming with requested information on
trafficking investigations, prosecutions, and convictions.
During 2006, the GOAJ reported that it opened 192 criminal cases
related to trafficking in persons. Eight cases were still under
investigation at year's end. Out of the remaining 184 cases, 156
were sent to the courts and 28 were closed without criminal charges.
Out of the opened criminal cases, 38 were prosecuted under
trafficking in human beings, four under coercion to sexual
activities, three under involving a minor in prostitution, 33 under
involvement in prostitution, and 86 in managing a brothel.
Under the charges of trafficking in human beings and involvement in
prostitution, as of March 1, 24 individuals had been imprisoned, six
individuals had received administrative charges (fines or
injunctions), six individuals had received suspended sentences, and
24 individuals had been fined. Out of these cases, 53 of the
convicted are women and seven are men.
Ten cases are still under consideration by the courts. As of March
1, 21 individuals remained in prison on trafficking-related
convictions.
¶G. The GOAJ has provided little information about the identity of
convicted or suspected traffickers. Anecdotal evidence suggests
BAKU 00000254 003.2 OF 006
they are men or women, working alone or in small groups, who say
they will arrange for employment abroad, then force the victims to
work in the sex industry. Victims may give prior consent to working
in the sex industry but are not told the circumstances under which
they will work. Prostitution rings run by local organized crime
groups throughout the country are also potential perpetrators. We
do not have any credible evidence of government officials'
involvement in trafficking.
¶H. The Special Anti-TIP Police Unit (SPATS) within the MIA's Unit to
Combat Trafficking in Persons is responsible for investigating TIP
cases, in conjunction with local police units and other relevant law
enforcement personnel. When the GOAJ becomes aware of trafficking
activity, it investigates the activity. However, the GOAJ needs to
increase its capacity to conduct proactive TIP investigations. We
hope that further training of the SPATS will serve both to increase
the unit's capacity to investigate sensitive TIP crimes and to work
more closely with its international counterparts.
The GOAJ does not share the specific investigative techniques it
uses for such investigations, but Azerbaijani police do use active
investigation techniques, such as surveillance and undercover
operations, and are not prohibited from engaging in covert
operations.
¶I. The GOAJ has incorporated TIP-specific training into its regular
courses for police units and prosecutors throughout the country.
The GOAJ provides and briefs its officers and prosecutors on the NAP
and relevant legislation. During the year prosecutors and officers
participated in trainings, both internationally and domestically,
that included trafficking components. The USG has also provided
training to prosecutors on identifying and prosecuting TIP cases, as
well as implementing the TIP law. As of March 1, prosecutors from
MIA's Unit to Combat Trafficking in Persons and SPATS officers were
undergoing TIP training funded by the OSCE.
¶J. The GOAJ reported that during the reporting period, it received
no requests for assistance with international TIP investigations.
However, the GOAJ reported that its anti-TIP personnel established
ties through joint trainings and seminars with Russia, Turkey,
Austria, Germany, Italy, Georgia, and Kazakhstan during the year.
The GOAJ also works with CIS-member states through the CIS Executive
Secretariat to link anti-TIP efforts throughout the territory of the
SIPDIS
former Soviet Union.
¶K. The GOAJ did not extradite traffickers to foreign countries
during the year, nor were any Azerbaijani nationals extradited to
foreign countries for prosecution in TIP crimes. The GOAJ has
signed bilateral extradition treaties with Russia, Bulgaria,
Kyrgyzstan, Uzbekistan, Iran, Ukraine, and Lithuania.
L, M. There is no evidence of GOAJ involvement in or tolerance of
trafficking on a local or institutional level. However, we suspect
that low-level civil servants, local law-enforcement officers, and
border guards may accept bribes in exchange for turning a blind eye
to migrant smuggling and possible trafficking activities.
High-ranking government officials are rumored to own some of the
saunas and restaurants in Baku and in the regions where prostitutes
work, but we have no evidence of the officials' investment or direct
involvement in these businesses, nor do we know whether prostitutes
working in those establishments are in fact trafficking victims. No
government officials have been prosecuted for trafficking or
BAKU 00000254 004.2 OF 006
trafficking-related corruption.
¶N. There is no evidence of child sex tourism in Azerbaijan.
¶O. The GOAJ has signed and ratified ILO conventions 29 (May 19,
1992) and 105 (August 9, 2000) on forced or compulsory labor and
Convention 182 (March 30, 2004) on the worst forms of child labor.
Azerbaijan has joined the European Charter Article on Protecting
Child and Youth Rights. In August 2003, the Government ratified the
Optional Protocol to the Convention on the Rights of the Child on
the Sale of Children, Child Prostitution, and Child Pornography.
In May 2003 the GOAJ ratified the Protocol to Prevent, Suppress, and
Punish Trafficking in Persons, Especially Women and Children,
supplementing the UN Convention against the Transnational Organized
Crime (the Palermo Protocol).
PROTECTION AND ASSISTANCE TO VICTIMS
------------------------------------
¶A. In October 2006, the GOAJ opened a permanent shelter for TIP
victims. The GOAJ is working to open an NGO-led TIP hotline, which
will also serve as a referral mechanism for the shelter. Until the
hotline and referral mechanism are in place, the shelter will not
function as intended. As of March 1, four victims have been housed
at the shelter - all referred directly by the MIA. The shelter
provides access to legal, medical, and psychological services for
TIP victims. Families of underage TIP victims can also be housed in
the shelter. The GOAJ reported that in 2006, in addition to the
four victims who received assistance at the shelter, 15 were
referred to medical centers for treatment. Prior to the opening of
the shelter, some NGOs sheltered victims in private homes.
The Law on Trafficking passed in 2005 provides for relief from
deportation for victims for up to one year. If a victim cooperates
in the investigation, the victim is entitled to stay until the court
case is completed. A victim can also apply to the relevant
government authorities for immigrant status.
¶B. The GOAJ lacks the necessary resources and mechanisms to provide
financial support to domestic NGOs for services to trafficking
victims; domestic NGOs in all fields receive most of their funding
from international sources.
¶C. There is no formal victim screening and referral system in place.
Until the shelter opened in October, the GOAJ worked with local and
international NGOs and state healthcare institutions on an informal
basis to provide trafficking victims with short-term care. Since
the shelter opened, the MIA has referred four victims to the shelter
for short-term care. Once the NGO-led TIP hotline is functional, a
formal screening and referral system will be in place to transfer
victims to the victims' assistance shelter.
¶D. The Embassy has received no reports of trafficking victims being
jailed. The GOAJ reported that former victims of trafficking have
been convicted for involving others in prostitution, but we have no
evidence that victims of trafficking have been prosecuted for
violations of the law because of their actions while being
trafficked. IOM reported that in 2006, several Azerbaijani TIP
victims were detained after arriving in Baku on late night flights
BAKU 00000254 005.2 OF 006
from Istanbul, Turkey. These victims were released after active IOM
intervention, usually within several hours of the detention. The
Embassy has received no reports of trafficking victims being
deported, although there is a discrepancy on the status of a large
group of Uzbeks who were deported, as previously described. The
GOAJ maintains that the Uzbeks were prostitutes while NGOs reported
that they were TIP victims.
¶E. Trafficking victims rarely file civil suits or seek legal action
against the traffickers, but there are no legal restrictions on
their ability to do so. There are no restrictions on a witness'
actions during a court case. Once the victims' assistance shelter
procedures are fully in place, there will be a standardized process
for obtaining testimony from victims and asking permission to use
their testimony in court. The TIP law permits a victim to gain
employment elsewhere if he or she is a witness in a case against a
trafficker; it also permits a victim to remain in the country if he
or she wishes. The TIP law also provides for a victim restitution
program.
¶F. The GOAJ is unable at this time to provide special protection for
victims and witnesses beyond providing short-term protective
custody. The MIA, and specifically vetted officers of a specific
division of the SPATS, provides security for victims housed in the
shelter. While there were reported child trafficking victims during
the year, we do not know what assistance or care they received. We
assume that the children were either returned to their families or
placed in orphanages.
¶G. The NAP and the accompanying TIP legislation includes training
for NGO groups, police specialists, and other government officials
in how to recognize trafficking and provide assistance to trafficked
victims, including the special needs of trafficked children. In
2006, the GOAJ reported that the MIA conducted TIP-related training
for employees of the Police Academy, the Ministry of Justice's Legal
Education Center, and the Prosecutor General's Office's Education
Center. According to the GOAJ, state officials also participated in
TIP-related training in Turkey, Kazakhstan, Austria and Italy.
Under the GOAJ's TIP legislation, embassies and consulates are
instructed to provide quickly the necessary documentation for
victims abroad to return to Azerbaijan.
¶H. The GOAJ now provides medical assistance and shelter to
repatriated victims at the TIP victims' assistance shelter. Prior
to the shelter's October 2006 opening, the GOAJ provided medical
assistance to repatriated victims at state medical clinics, and
provided shelter and counseling through local international NGOs.
Victims of trafficking are entitled to financial compensation under
the TIP law.
¶I. IOM conducts substantive research on the trafficking problem in
Azerbaijan; however, personnel changes and other intervening
circumstances inhibited IOM's efforts during the year to take a
leading role on TIP issues. The USG, IOM, and OSCE provide guidance
and conduct anti-TIP programs (as did ABA-CEELI until December),
including conducting a TIP Coalition Building Seminar for NGOs and
training NGO employees to work at the TIP shelter and hotline.
Several national domestic NGOs also deal with the problem of
trafficking, including Clean World, the Women's Crisis Center, the
Center for Legal Assistance to Migrants, Symmetry, the Forum of
Azerbaijan NGOs on Migration (FANGOM, a network of 35 NGOs), and the
BAKU 00000254 006.2 OF 006
Azerbaijan Children's Union. There are also several regional NGOs
that concentrate on trafficking programming. These NGOs serve
primarily as contact points for at-risk populations and engage in
some information campaigns about the dangers of trafficking. Two of
these organizations also informally shelter local and foreign
trafficking victims. The Center for Legal Assistance to Migrants
provides free legal services to trafficking victims and works with
other NGOs to coordinate services. The Women's Crisis Center
operates a crisis hotline and provides free legal, psychological,
and medical services. In 2006, seven women who contacted the center
for assistance (or whose families contacted the center) reported
that they had been trafficked. Under a grant awarded through the
U.S. Embassy Democracy Commission to support programs on
trafficking, in August, Clean World together with several other NGOs
and government officials completed a fourteen month-long series of
trainings throughout Azerbaijan for broad audiences. Through this
same project, Clean World also produced a pamphlet for distribution
that included extensive information regarding advice when traveling
abroad, how to recognize potential traffickers, how to verify
employment offers (including contact numbers for embassies and
consulates), how to find assistance if you have been or are being
trafficked, and case studies. Many NGO representatives and
professional journalists have written about the trafficking problem
in national newspapers and magazines. The Government in general
does not interfere in these NGOs activities and at times facilitates
civil society efforts to combat trafficking.
END TEXT OF REPORT.
¶4. (U) Embassy Baku's point of contact for this report is Political
Officer Rebecca Naslund (FS-05), who spent 35 hours speaking with
local non-governmental organizations, international organizations,
journalists, and GOAJ officials and analyzing the data provided to
prepare this report. Her contact information is e-mail:
NaslundRJ@state.gov; phone: (99412) 498-0335 or TIE line 641-4210;
fax: (99412) 465-6671.
DERSE